WSR 10-15-067

PROPOSED RULES

DEPARTMENT OF HEALTH


(Board of Pharmacy)

[ Filed July 16, 2010, 11:31 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: WAC 246-863-035 Temporary permit -- Pharmacist. The proposed amendments will allow for temporary practice permits to be issued to applicants applying for a Washington state pharmacist license through the license transfer process. Applicants must meet all requirements for licensure, but are in the process of completing a fingerprint-based national background check.

Hearing Location(s): Blackriver Training and Conference Center, 800 Oakesdale Avenue S.W., Renton, WA 98057, on September 16, 2010, at 9:15 a.m.

Date of Intended Adoption: September 16, 2010.

Submit Written Comments to: Doreen E. Beebe, Washington State Board of Pharmacy, 310 Israel Road S.E., P.O. Box 47863, Olympia, WA 98504-7863, web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-2901, by September 13, 2010.

Assistance for Persons with Disabilities: Contact Doreen E. Beebe by September 13, 2010, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposed rule is to allow individuals waiting for federal criminal fingerprint checks to work in Washington state under a temporary practice permit. The national background check process is lengthy and has caused licensing delays that may affect the public's access to health care. Applicants must meet all licensing requirements and must be eligible for the license transfer/reciprocity process. The temporary practice permit grants the individual the full scope of practice as a pharmacist, except the ability to qualify as a responsible pharmacist manager. The temporary practice permit is valid up to one hundred eighty days.

Reasons Supporting Proposal: RCW 18.130.064 authorizes fingerprint-based national background checks for those situations when a Washington criminal background check is inadequate. RCW 18.130.075 authorizes the board of pharmacy to adopt rules to determine the duration of a temporary permit to reduce barriers for out-of-state licensed applicant[s] who otherwise meet all licensing requirements.

Statutory Authority for Adoption: RCW 18.130.075, 18.130.064, 18.64.005.

Statute Being Implemented: RCW 18.130.075, 18.130.064, 18.64.080.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of health, board of pharmacy, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Susan Teil Boyer, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-4853.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025 and 34.05.310 (4)(g)(ii), a small business economic impact statement is not required for proposed rules that adopt, amend, or repeal a filing or related process requirement for applying to an agency for a license or permit.

A cost-benefit analysis is not required under RCW 34.05.328. The agency did not complete a cost-benefit analysis under RCW 34.05.328. RCW 34.05.328 (5)(b)(v) exempts rules the content of which is explicitly and specifically dictated by statute.

July 16, 2010

Susan Teil Boyer

Executive Director

OTS-3008.5


AMENDATORY SECTION(Amending Order 317B, filed 11/17/92, effective 12/18/92)

WAC 246-863-035   Temporary permits.   (1) A temporary practice permit to practice pharmacy may be issued to an applicant ((licensed)) who meets all of the requirements and qualifications for the license, except the results of the fingerprint-based national background check, if required.

(2) A temporary practice permit to practice pharmacy may be issued to an applicant who:

(a) Holds an unrestricted, active license by examination in ((a)) another state which participates in the ((licensure)) license transfer or reciprocity process ((unless there is a basis for denial of the license or issuance of a conditional license.

(b) The applicant shall meet all the qualifications, submit the necessary paperwork and fees for licensure transfer, and submit a written request for a permit to practice pharmacy with the temporary permit fee specified in WAC 246-907-030.

Prior to issuance of the permit to practice pharmacy, the board shall receive the following documents:

(1) A completed Washington pharmacy license application;

(2) The fee specified in WAC 246-907-030;

(3) A disciplinary report from the National Association of Boards of Pharmacy (NABP) Clearinghouse;

(4) Completed NABP "Official Application for Transfer of Pharmaceutic Licensure";

(5) Proof of seven hours of approved AIDS education.

Such a permit shall expire on the first day of the month following the date of the next jurisprudence examination. In case of failure or nonattendance, the permit shall not be extended));

(b) Has completed a Washington application for pharmacist license by transfer or reciprocity;

(c) Has submitted pharmacist license application fees;

(d) Has passed the Washington state jurisprudence exam;

(e) Is not subject to denial of a license or issuance of a conditional or restricted license; and

(f) Does not have a criminal record in Washington state.

(3) A temporary practice permit grants the individual the full scope of practice of pharmacy, except the ability to qualify as a responsible pharmacist manager.

(4) A temporary practice permit expires when any one of the following occurs:

(a) The license is granted;

(b) A notice of decision on the application is mailed to the applicant, unless the notice of decision specifically extends the duration of the temporary practice permit; or

(c) One hundred eighty days after the temporary practice permit is issued.

(5) To receive a temporary practice permit, the applicant must submit the fingerprint card, a written request for a temporary practice permit, and applicable fees.

[Statutory Authority: RCW 18.64.005. 92-23-058 (Order 317B), 246-863-035, filed 11/17/92, effective 12/18/92.]

Washington State Code Reviser's Office